What Is an Orthopedic Injury?
Orthopedic injuries (broken bones) include hip fractures, knee fractures, shoulder fractures, ankle fractures, wrist fractures, foot fractures, and spinal fractures. Sometimes these broken bones are very serious and require surgical intervention by an orthopedic surgeon. Days or weeks of hospitalization are not uncommon.
Loss of Future Income Earning Capacity
A permanent clinical impairment can have a serious impact on future employability and a loss of future income or income earning capacity claim. A person can still be employed or earning the same income before an orthopedic injury as after an orthopedic injury and still have a valid claim for loss of future income earning capacity (LFIEC). LFIEC is defined by the courts to mean a “loss of a capital asset.”
In assessing damages for loss of capacity, consideration is given to the following factors:
- Whether you have been rendered less capable overall from earning income from all types of employment;
- Whether you are less marketable to potential employers;
- Whether you have lost the ability to take advantage of all job opportunities which might otherwise have been open to you;
- Whether you are less valuable to yourself as a person capable of earning income in a competitive labour market.
A LFIEC claim will require many of my team of experts to assess your medical condition and functional and vocational capacity. Courts and insurers will require specific proof before payment will be made to fix, help, or make up for your ability to earn future income. It can make a huge financial difference in the outcome of your claim.